Colorado Criminal Defense Blog

College students in Boulder who need criminal defense advice are often concerned about drug charges, allegations involving sexual misconduct or arrests for underage alcohol consumption. That last category includes charges of being a minor in possession of alcohol as well as the offense of using fake identification.

Using a fake ID to get into a bar or buy liquor is a crime in Colorado and in many other states. A recent bust in a Georgia college town reveals a related crime that some students could be charged with: providing fake drivers licenses or other identification to fellow students.

A University of Colorado Denver study that examined a possible correlation between the legalization of medical marijuana and alcohol impaired driving has yielded surprising results. The study noted that fewer alcohol related deaths have occurred on the roadways since the legalization of medical marijuana.

The study found that the legalization of marijuana for medical purposes resulted in fewer people drinking alcohol and not as many alcohol impaired drivers on the road. Interestingly, no corresponding increase was noted in traffic deaths among those who drove after using marijuana.

A Colorado woman was arrested by the Boulder County Drug Task Force this month after she was caught selling marijuana to a confidential police informant. The woman, who had owned a Colorado medical marijuana dispensary, unfortunately chose the wrong method of liquidating her excess inventory.

The woman initially sold two pounds of marijuana to the informant. Then she arranged to sell the informant another 10 pounds. During the transaction, the woman admitted to significant illegal behaviors. For example, when the informant mentioned that he intended to take the drugs to Missouri, the woman detailed her experiences transporting drugs across state lines. The woman now faces six felony charges related to her arrest.

Just when you thought the drunk driving campaign was over, Colorado police have decided to begin again, sobriety checkpoints and all.

When the summer DUI campaign, 100 Days of Heat*, ended in September, another campaign started. The increased drunk driving enforcement this fall will continue until October 24, 2011. It seems there is no relief from the pressure police officers are placing on drivers throughout Colorado.

Between September and October, there are many events involving alcohol, including football tailgating, Oktoberfest, homecoming, fall wine tastings and college parties. These events can often contribute to drunk driving, as people go home believing that they haven't had "one too many." Unfortunately, the decision to drive can also lead to a DUI charge, especially with police officers heavily patrolling for drunk driving.

In May, the Colorado Senate voted against HB1261. That bill would have created a THC limit for drivers; specifically, drivers with more than five nanograms (ng/mL) of THC in their blood could have been accused of driving under the influence of drugs (DUID).

Now, a DUID working group set up by the Colorado Commission on Criminal and Juvenile Justice (CCJJ) has decided against proposing THC driving limits. A member of the working group, Michael Elliot, made a statement to the Denver Westword:

"The science does not support a five nanogram per se limit. Rather, a five nanogram per se limit would criminalize the unimpaired, while offering defendants little opportunity to demonstrate their innocence."

If a person in Colorado is convicted of driving under the influence (DUI), he or she faces the potential of up to six months in jail - just for a first offense; subsequent offenses raise possible jail sentences as high as one year. However, if that same person was stopped by police for driving under the influence in Wisconsin, he or she would merely receive a ticket for what that state considers a civil infraction, similar to speeding.

Those contending with DUI charges face a range of potential penalties, depending on which state the driver was in when the event occurred. While the lawmakers in states with harsher penalties want to send a message to drunk drivers, research shows that jail time for a first drunk driving offense has little deterrent effect on people's behavior.

As hot weather pummels Colorado, the Colorado State Patrol and statewide law enforcement agencies continue to add their own heat. As we discussed in the last blog posting, the summer-long 100 Days of Heat is an intensive crackdown on drunk driving throughout the state. During last summer's 100 Days of Heat, 3,531 individuals were arrested for driving under the influence (DUI).

This year's 100 Days of Heat continues through Labor Day. Until then, law enforcement will use saturation patrols, drunk driving checkpoints and other extreme measures to find and arrest alleged drunk drivers.

Colorado drivers are taking the heat this summer as part of the Colorado Department of Transportation's statewide drunk driving campaign, Checkpoint Colorado - 100 Days of Heat. The campaign runs from Memorial Day weekend through Labor Day weekend. The goal? To arrest drunk drivers on the road before they cause a DUI accident.

During these 100 days, there has been and will continue to be increased sobriety checkpoints, where police officers randomly pull over drivers and test them for DUI. If the officers suspect drunk driving, they can perform field sobriety tests and other tests. On the evening of the first day of the campaign, officers arrested 15 people for DUI in Colorado Springs. That same weekend, more than 1,082 vehicles were pulled over and 25 people arrested in Fort Collins.